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| Court acquits husband for killing wife as prosecution failed to prove charges | | | EARLY TIMES REPORT
JAMMU, June 23: Principal Sessions Judge Jammu Sanjeev Gupta today acquitted Vivek Sharma who allegedly facing trial in murder of his wife, as prosecution failed to prove its case.
Principal Sessions Judge Jammu Sanjeev Gupta after hearing Adv Rohit Sharma for the accused observed that is well entrenched principle of criminal jurisprudence that a charge can be said to be proved only when there is certain and explicit evidence to warrant legal conviction and that no person can be held guilty on pure moral conviction. Howsoever grave the alleged offence may be, otherwise stirring the conscience of any court, suspicion alone cannot take the place of legal proof. The well established cannon of criminal justice is “fouler the crime higher the proof”. In unmistakable terms, it is the mandate of law that the prosecution in order to succeed in a criminal trial, has to prove the charge(s) beyond all reasonable doubt. the prosecution has failed to prove its charge against the accused and to adduce evidence beyond reasonable doubt to make out the culpability of the accused, who deserves a benefit of doubt. Accordingly, prosecution case is dismissed and accused is acquitted. JNF
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